C:\AWARDS\OUT\2-08162.htm

Form 1 NATIONAL RAILROAD ADJUSTr,ENT BOARD Award No. 816,2
SECOND DIVISION Docket No. 7920
2-SC-FO-'79

The Second Division consisted of the regular members and in addition Referee Robert A. Franden when award was rendered.

( System Federation No. 42, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
(
(Seaboard Coast Line Railroad Company

Dispute : Claim of rroloyes

That under the Current and Controlling Agreement, Laborer James ,'l. Gundy was uri jus tly dismissed from the service of Seaboard Coast Line Railroad Cor:pai~~,r at Baldwin, Florida on July 15, 197 7, after a formal investigation was held in the office of ".Faster "echanic, on July 1, 1977, by Ur. ;'l. P. Mincey, Asst. ':faster Mechanic.

2. That accordingly, Laborer Japes W. Gundy be restored to his assignment at,, Bald,Win, Florida Shops with all seniority rights unimpaired, vacation, health and welfare, hospital and life insurance be paid anal be com-ansated for all time lost, effective July 15, 1977.

Fin din s·

The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railmay Labor Act as approved June 21, 10;34.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

The Claimant was dismissed from the service of the Carrier for being absent from duty with the Carrier without properly reporting off in accordance with rule 19.

The Claimant has initially raised the objection that the hearing was not proper in that the claimant received no notice thereof and hence did not attend.
Form 1 Award No. 8152
Page 2 Docket No. 79:?0 2-SC-FO-179 The claimant's objection is without merit. The Carrier went to great lengths to inform the claimant of the hearing. The claimant's failure to receive the notice was of his own doing and cannot now be raised as a shield against the Carrier's discipline. The record reflects a total disregard on the part of the claimant for the rule concerning reporting off for good cause. The Carrier cannot be expected to retain in its employ one who takes his position as lightly as the claimant. The finding of guilt by the hearing officer is well based. The circurstances of this case warrant the penalty of dismissal.

A W A R D

Claim denied. NATIONAL RAILROAD ADJUMENT BOARD By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board By .~- . 2~. Rosemarie Brasch - administrative Assistant Dated at Chicago, Illinois,-this 14th day of November, 1979.